On The Transformation And Application Of Administrative Law Enforcement Evidence In Criminal Proceedings

The economy has been developing at a high speed since China enters a new era,and modern society has shown a diversity of changes.The scope of administrative management of the administrative organization has also been continuously expanding,and the related illegal and criminal issues have also continued to breed from administrative area to criminal area.There are also more and more cases across the field.Criminal Procedure Law of the People's Republic of China promulgated in 2012 clearly stipulates the transformation and application of administrative law enforcement evidence in criminal proceedings,which is a confirmation to the cross-cutting use of administrative law enforcement evidence.Article 52,paragraph 2 stipulates:"Evidence materials,documentary evidence,audio-visual materials,electronic data,and other evidence collected by administrative organizations in the course of administrative enforcement and investigation of cases can be used as evidence in criminal proceedings." Although this article has stipulated that evidence of administrative law enforcement can be applied to criminal lawsuits,the basic theoretical issues such as the specific scope of administrative organizations,the types of administrative law enforcement evidence that can be converted into use,and judicial review procedures have not been specified in detail,so the corresponding transformation applications cannot be conducted smoothly,which is inconsistent with the purpose of the legislation.Therefore,it is of practical significance to carry out research on related matters of its transformation and application.The paper is divided into four parts.The first part is a brief summary of administrative law enforcement evidence and criminal evidence.Through comparison and discussion of similarities and differences,the research finds out the actual value of transformation.The second part is about the analysis of the second paragraph of Article 52 of Criminal Procedure Law of the People's Republic of China.It discusses the connotation and extension of administrative organs and the categories of administrative law enforcement evidence that can be used in conversion.The third part is from Paragraph 2 of Article 52 to identify the current confusion on administrative law enforcement evidence in the use of criminal proceedings,which includes legislative aspect and practical aspect.The last part is the reflection on the transformation and application of the evidence of administrative law enforcement in criminal lawsuit.Firstly,the paper puts forward suggestions on legal provisions;secondly,it expounds the judicial review of administrative law enforcement evidence,including the criteria for review and the content of the review;finally,on this basis,the paper proposes supporting mechanisms for transforming administrative law enforcement evidence into criminal litigation,including the coordination mechanism of the both organizations,the mechanism of testifying by administrative law enforcement officers and supervision mechanisms.It is hoped that the construction of such mechanisms can provide effective support for the effective operation of administrative law enforcement evidence in the context of rule of law in China.